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Mandatory on-call Michigan

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  • Mandatory on-call Michigan

    My husband's HVAC company requires the Service Techinicians to take thier turns being on call. During thier week, they are paid an extra $50 and are to leave thier phones on 24-7 from Monday until the following Monday. My husband usually gets his week about every 3 months or so.

    Well, just today, his company sent a mass message out to all Servicemen that they are to now leave thier phones on 24/7 and that every employee is to be considered on-call at all times. So, for example, Saturday night at 9pm, they could call him and send him to a job. What we don't understand is there are approx. 20 servicemen, how does the company choose who gets the call? Will my husband because his last name starts with "a" and will be seen 1st? Will he be sent to some 100 mile away place while the man who lives closer won't be sent there?

    Is this legal to do? Can they get away with this? And if my husband leaves his phone on, can they fire him for not answering it? He didn't take a job that required 24 hour on-call. If he wanted that, he would've took a job elsewhere. He wants his time off, not worrying about the phone ringing. Oh, and the guy who is technically "on-call" still gets the $50, no one else does even though they are all on-call.

    Thanks. If I left something out, please let me know.

  • #2
    We have no possible way of knowing how the employer will decide whom to send out on which call. That's not determined by law, but by company policy. However, it is highly unlikely that they will do it alphabetically with the guy whose name begins with A receiving all the calls.

    Yes, it is legal to have mandatory on call time. Yes, he can legally be fired for refusing it.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      ok heres the dumb question cbg lol

      Originally posted by cbg
      We have no possible way of knowing how the employer will decide whom to send out on which call. That's not determined by law, but by company policy. However, it is highly unlikely that they will do it alphabetically with the guy whose name begins with A receiving all the calls.

      Yes, it is legal to have mandatory on call time. Yes, he can legally be fired for refusing it.
      If one gets paid for being on call,should they all get paid for it,since it is now mandatory?

      Comment


      • #4
        Whether pay for on-call time is required depends on the terms of the call. NO ONE has to be paid just because they are on call. They only have to be paid for whatever work they actually perform, or if the terms of the call are unduly restrictive.

        The following examples are deliberately extreme.

        If you cannot leave the house but must sit by the phone and answer all calls within 5 minutes, you have to be paid for the on call time.

        If you can carry a cell phone or pager, can go about your normal business and have three hours to respond to a call, you wouldn't have to be paid for it.

        Whether the call is mandatory or not has nothing to do with whether it has to be paid. The same rules would apply even if it were a voluntary call.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Thanks again cbg!

          Originally posted by cbg
          Whether pay for on-call time is required depends on the terms of the call. NO ONE has to be paid just because they are on call. They only have to be paid for whatever work they actually perform, or if the terms of the call are unduly restrictive.

          The following examples are deliberately extreme.

          If you cannot leave the house but must sit by the phone and answer all calls within 5 minutes, you have to be paid for the on call time.

          If you can carry a cell phone or pager, can go about your normal business and have three hours to respond to a call, you wouldn't have to be paid for it.

          Whether the call is mandatory or not has nothing to do with whether it has to be paid. The same rules would apply even if it were a voluntary call.
          I'm so glad I've learned something new again thanks to you!

          Comment

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